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Bombay High CourtCP/450/2023disposed off

Runja Laxman Lokhande v. The Collector Nashik

2024-03-20Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

5-CP-450-2023.DOC S.R.JOSHI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 450 OF 2023 IN WRIT PETITION NO.3252 OF 2010 Runja L. Lokhande ... Petitioner

Versus

The Collector, Nashik

...Respondent

Mr. Manoj A. Patil with Mr. Akash M. Murudkar i/b. Adv. Vaibhav Kulkarni, for the Petitioner.

Mr. Sachin Kankal, AGP for the Respondent-State. _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

20th MARCH, 2024 _______________________ P.C.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.03.28 14:21:09 +0530 SMITA RAJNIKANT JOSHI We have pointed out to Mr. Patil, the learned Counsel for the Petitioner that the Order of which the Petitioner has alleged contempt was passed by this Court on 4th May, 2010 and the present Petition was filed on 14th March, 2023, hence, the Petition would not be maintainable, considering the limitation as provided for under the provisions of Section 20 of the Contempt of Courts Act, 1971. Being so confronted, Mr. Patil, on instructions, seeks leave of the Court to withdraw this Petition with liberty to espouse all contentions of the Petitioner in appropriate proceedings with regard to issue of survey numbers.

Mr. Kankal, learned AGP stated that in any event, this Petition is not maintainable as the order passed by this Court, stands complied in view of the Order dated 29th November, 2020 passed by the State Government and a 20 March, 2024

5-CP-450-2023.DOC Notification in that regard dated 1st March, 2011 issued by Additional Collector and Competent Authority under the Urban Land and Ceiling Regulation Act, 1976. He has stated that revenue entries are also appropriately made on 25th November, 2011 by incorporating a relevant mutation entries. A copy of the said compliances is placed on record. We, accordingly, do not entertain this Contempt Petition. However, keeping open all the contentions of the Petitioner as observed in paragraph 2 herein above.

Petition disposed of. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 20 March, 2024